1. Intra-family negotiation: Family members should sit down, communicate calmly and try to find a solution acceptable to everyone.
2. Mediation: If the family does not understand, you can consider seeking third-party mediation, such as community, village committees, mediation committees and other institutions.
3. Legal consultation: If mediation fails, you can seek legal consultation to understand relevant laws, regulations and rights, so as to take legal measures to solve the problem.
4. Seek social support: If family disputes involve social issues, such as old-age security and medical security, you can seek social support, such as charitable organizations and nursing homes.
The mediation methods of alimony disputes are as follows:
1. Mediation should be patient, careful and sincere. It is necessary to patiently serve and contact the defendant, patiently listen to the opinions of the parties, and patiently do the persuasion and education work of the parties; Carefully arrange the mediation time, notify both parties to appear in court as much as possible, carefully take care of the emotional changes of the elderly, and seriously ensure the integrity of the mediation content; Treat the parties with sincerity and influence them with sincerity.
2. Identify the focus of contradictions and have a clear aim. Maintenance disputes often involve other family conflicts and disputes. Therefore, in the process of mediation, we should not only focus on the performance of maintenance disputes, but also take the solution of other contradictions and disputes as the starting point, and sometimes we need to solve other family contradictions and disputes of the parties. The judge in charge should identify the focus of contradictions, have a clear aim, and pay attention to the mediation effect and work efficiency.
3, strengthen the concept of justice for the people, and carry out more circuit trials. This not only facilitates the parties, but also plays a legal propaganda role in hearing cases and educating the parties, thus alleviating the rising trend of alimony disputes.
4. Identify the combination of law and morality. Failure to perform maintenance obligations can be regulated by law, but also by morality. In mediation, it is necessary to be emotional and rational, not only to do the ideological work of the parties from the legal point of view, but more importantly, to let the parties understand that it is their duty to support the elderly from the moral point of view.
5. Give full play to the mediation role of external forces. Make more use of large mediation centers, grass-roots polling organizations, village Committee cadres where the parties are located, relatives and friends of the parties, etc. to assist the parties in mediation. Use public opinion to exert certain pressure on the parties, so that they can establish the legal consciousness of fulfilling their maintenance obligations from the ideological root.
6. The mediation items and contents should be as detailed as possible. Because the mediation content of maintenance disputes is relatively trivial, the judge is required to carry out mediation work in detail for each specific content and make each mediation content concrete as much as possible, which is not only conducive to fully protecting the legitimate rights and interests of the parties, but also convenient for future implementation.
To sum up, no matter how to solve the family dispute of parents supporting the elderly, we should respect the wishes and rights of the elderly, safeguard their dignity and rights, and pay attention to the harmony and stability of family relations.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1067
If parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently have the right to ask their parents to pay maintenance.
Parents who fail to perform their maintenance obligations, lack the ability to work or have difficulties in living have the right to claim alimony from their adult children.